The U.S. Court of Appeals for the Ninth Circuit ruled last week that the securities-law requirement to plead a “strong inference” of scienter does not apply to claims under § 14(e) of the Securities Exchange Act even where...more
SEC Division of Enforcement Director Gurbir Grewal and several high-ranking officials from the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York and the FBI spoke on November 29, 2022 at a conference...more
12/1/2022
/ Cryptocurrency ,
Due Diligence ,
Enforcement ,
Environmental Social & Governance (ESG) ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Insider Trading ,
Investigations ,
National Security ,
Private Funds ,
Securities and Exchange Commission (SEC)
The U.S. District Court for the Northern District of California held on January 4, 2017 that the federal securities laws apply to U.S. transactions in sponsored, but unlisted, American Depositary Receipts (“ADRs”) for a...more
1/6/2017
/ Automotive Industry ,
Carbon Emissions ,
Class Action ,
Financial Markets ,
Fraud ,
Misrepresentation ,
Morrison v National Australia Bank ,
National Emissions Standards ,
Over The Counter Derivatives (OTC) ,
Securities ,
Stock Exchange ,
Volkswagen
On May 4, 2016, the U.S. Court of Appeals for the Second Circuit affirmed the fraud conviction of a registered investment adviser and held that proof of intent to harm is not an element of a criminal conviction under section...more
5/5/2016
/ Conflicts of Interest ,
Convictions ,
Criminal Prosecution ,
Fraud ,
Intent ,
Investment Advisers Act of 1940 ,
Jury Instructions ,
Mens Rea ,
Registered Investment Advisors ,
Scienter ,
Willful Misconduct
The U.S. Supreme Court yesterday declined to abandon the efficient-market theory, with its rebuttable presumption of reliance that enables securities class actions to proceed without proof of actual reliance on alleged...more